These minutes are in
compliance with Senate and House Rules.Only text enclosed in quotation marks reports a speaker’s exact
words.For complete contents,
please refer to the tapes.

TAPE/#

Speaker

Comments

TAPE 77, A

005

Chair Messerle

Opens meeting at 8:00
a.m.Opens public hearing on SB 869
and SB 870.

SB 869, SB 870 – PUBLIC HEARING

014

Judith Callens

Committee
Administrator.Presents bills and
amendments.

045

Tom Byler

Senior Policy Coordinator,
Water Resources Department.Testifies
in favor of SB 869 and the dash–1 amendments.Questions whether this type of transfer process is
appropriate.Submits written material
(EXHIBIT A).

114

Byler

Testifies in favor of SB
870 and the dash–1 amendments.Submits written testimony (EXHIBIT
B).

200

Tom Paul

Testifies in support of
the bill and amendments, because of the sunset clause.

210

Roger Martin

Confederated Tribes of the
Umatilla Reservation.Testifies in
opposition to this bill.

222

William Quaempts

Tribal Water Committee,
Confederated Tribes of the Umatilla Reservation.Testifies in opposition to SB 869 and SB 870, because contrary
to the treaty of 1855.Recommends
adoption with the amendments to SB 870 which the tribe has suggested.Submits written material (EXHIBIT C).

485

Sen. Deckert

Asks for an overview of
the amendments to SB 870.

TAPE 78, A

024

Harold Shepherd

Umatilla Tribes.Refers to Appendix B of submitted
material.

037

Sen. Deckert

Asks about the state
government policy today to consult with sovereign governments.

042

Shepherd

Responds.

042

Sen. Deckert

Reiterates that it is
state law.

045

Shepherd

Explains.

059

Martin

Elaborates.

068

Vice-chair Shields

Even if it state policy,
he feels that the language about the consultation should be left in this
bill.

074

Shepherd

Agrees.

083

Karen Russell

WaterWatch of Oregon.Testifies in opposition to SB 869 and
submits written testimony (EXHIBIT D).

114

Russell

Testifies in opposition to
SB 870 and the dash–1 amendments.Submits proposed amendments and describes their effect.Submits written testimony (EXHIBIT E).

205

Jerry Odman

Public Works Director,
City of Pendleton.Testifies in
support of SB 869 and SB 870 and the amendments.Submits written material (EXHIBIT
F).

276

Bob Patterson

Special Projects Engineer,
City of Pendleton.Testifies in
support of SB 869.Describes project
and consultation with tribes.

340

Vice-chair Shields

Asks about testimony of
tribes and the seeming disconnection between the City and tribes.

348

Patterson

Explains.

374

Vice-chair Shields

Asks why communication
hasn’t taken place.

380

Patterson

Responds.

382

Sen. Deckert

Asks if the City has a
policy of consultation.

386

Odman

Explains and describes
state and federal requirements.

422

Sen. Deckert

Asks what the rationale is
of eliminating the public review in the transfer statute.

429

Odman

Responds.

452

Sen. Deckert

Refers to SB 870 and the
proposed amendments, and asks if they have any comments.

465

Odman

Answers.

470

Sen. Deckert

Asks if they are happy
with the amendments.

480

Vice-chair Shields

Closes the public hearing
on SB 869 and SB 870.Opens public
hearing on SB 46.

SB 46 – PUBLIC HEARING

TAPE 77, B

037

Callens

Presents bill.

053

Jack Dent

Public Utility
Commission.Testifies in support and
submits written material (EXHIBIT I).

096

Steve Purchase

Division of State Lands
(DSL).Testifies in opposition and
submits written material (EXHIBIT J).

147

Sen. Peter Courtney

District 17.Testifies in favor of bill and submits
written testimony (EXHIBIT L).

212

Vice-chair Shields

Asks Dent if he has seen
memorandum of understanding (MOU).

216

Dent

Responds and explains
concerns.

252

Vice-chair Shields

Asks whether this MOU is
adequate.

254

Dent

Clarifies.

259

Sen. Deckert

Asks how the pipeline
emergency would be handled now.

267

Dent

Responds it is not clear
how it would be handled under the current law.

293

Sen. Burdick

Asks if DLCD has been
included in the discussion about the emergency procedures.

300

Dent

Responds.

301

Sen. Burdick

Asks about any cleanup
responsibilities after the emergency passes.

308

Dent

Explains.

330

Sen. Courtney

Comments about public
safety issues.States that they just
received MOU yesterday, and have concerns about language.

363

Sen. Fisher

Describes an emergency
situation when a sinkhole opened on I-5.

391

Sen. Courtney

Urges committee to act on
the proposed legislation.

400

Chair Messerle

Encourages parties to
continue to work together to solve the language difficulties.

426

Roger Martin

Williams Company.Testifies in favor of bill.

TAPE 78, B

033

Gary Bauer

Northwest Natural
Gas.Testifies in favor of bill.Notes that it takes too long to obtain
permit from DSL if there is an emergency.

050

Steve Vincent

Avisla Utilities.
Testifies in favor of this bill.

079

Chair Messerle

Closes the public hearing
on SB 46.Opens work session on SB
606.

SB 606 – WORK SESSION

083

Callens

Presents bill and impacts.

102

Sen. Burdick

Explains why she opposes
bill.Notes that only 1 percent of
waterways fall within this scenic waterway category.Concerned about inadequate protection of
habitat.

119

Chair Messerle

Expresses support of the
bill and the miners’ efforts to comply with protection efforts.

133

Sen. Atkinson

Comments about his
concerns expressed in a previous hearing.Since then, he has learned his concerns are covered in Oregon
Rules.He is reassured that damage
would be prevented, and is also interested in limitation on pipe size.

161

Vice-chair Shields

Asks about size of pipes
in California.

165

Sen. Atkinson

Describes mining processes
in California.

177

Chair Messerle

Points out that Oregon has
a different situation, that this is recreational mining not commercial.

187

Vice-chair Shields

Asks Sen. Atkinson to
describe the differences between California and Oregon mining processes.